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All Journal Nalar Bhinneka: Jurnal Humaniora
Frengky Ndaomanu
Universitas Kristen Artha Wacana, Kupang, Indonesia

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Mengenal Kontrak Kerja Konstruksi Pemerintah Dalam Ranah Hukum Keperdataan Melkianus Ndaomanu; Frengky Ndaomanu; Dian Nustanti Ndaomanu
Nalar Bhinneka: Jurnal Humaniora Vol. 1 No. 02 (2026): Nalar Bhinneka: Jurnal Humaniora
Publisher : PT. Panca Publishing Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67315/nalarbhinneka.v1i02.113

Abstract

Construction work contracts are legal instruments that play an important role in regulating the relationship between construction service users and providers. This study aims to analyze the position of construction work contracts from a civil law perspective, the application of contractual principles, and the legal protection of parties involved in construction agreements. This research employs a normative juridical method using statutory and conceptual approaches through literature studies of legal regulations, legal references, and previous studies. The results indicate that construction work contracts function not only as administrative documents but also as the basis of legal relations that establish rights, obligations, and responsibilities among parties. The implementation of contractual principles, including freedom of contract, consensualism, pacta sunt servanda, good faith, and balance between parties, is essential in ensuring legal certainty. Nevertheless, construction contracts still encounter various legal issues, such as breach of contract, project delays, work modifications, and disputes regarding responsibilities. Therefore, clear and balanced contract arrangements are necessary to provide legal protection and support successful infrastructure development.
Kegagalan Bangunan Pekerjaan Konstruksi Pemerintah Dan Tanggungjawab Kontraktual Penyedia Jasa Konstruksi Melkianus Ndaomanu; Frengky Ndaomanu; Dian Nustanti Ndaomanu
Nalar Bhinneka: Jurnal Humaniora Vol. 1 No. 03 (2026): Nalar Bhinneka: Jurnal Humaniora
Publisher : PT. Panca Publishing Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67315/nalarbhinneka.v1i03.114

Abstract

Building failure in government construction projects is a legal issue involving technical, contractual, and liability aspects among parties involved in construction services. This study aims to analyze the position of government construction contracts from a civil law perspective, the contractual responsibilities of construction service users and providers regarding building failure, and efforts to strengthen legal certainty in resolving such issues. This research employs a normative juridical method using statutory and conceptual approaches through literature studies of regulations, legal references, and previous studies. The results indicate that construction contracts serve as the foundation of legal relationships that establish rights, obligations, and responsibilities among the parties. Liability for building failure cannot be automatically imposed on one party but must be determined based on contractual provisions, the causes of failure, and the causal relationship between actions or negligence and resulting losses. Strengthening legal certainty can be achieved through comprehensive contract arrangements, proportional risk allocation, and the implementation of contractual law principles in construction dispute resolution.
Co-Authors Dian Nustanti Ndaomanu Melkianus Ndaomanu